- 19-Apr-2025
- Healthcare and Medical Malpractice
In India, adoption is governed by specific legal frameworks based on the religion of the adoptive parents and the child. Relatives, such as grandparents, uncles, aunts, or cousins, can legally adopt a child, but the process and requirements may vary depending on the relationship, the legal statute under which the adoption is pursued, and whether the adoption is within a family or outside it.
For Hindu families, the Hindu Adoption and Maintenance Act (HAMA) provides the framework for adoption. Relatives can adopt a child under this act, subject to certain conditions:
The consent of the biological parents or legal guardians of the child is required. If the biological parents are unavailable or have abandoned the child, a legal process must establish this fact.
The adoption is completed by a formal deed of adoption signed by both the biological parents (or guardians) and the adoptive parents. A declaration and consent process are typically involved to ensure the adoption is legitimate.
A Hindu aunt or uncle may legally adopt a nephew or niece if the biological parents consent, and the adoption complies with all eligibility requirements, including age and gender considerations.
For non-Hindu families or when the child is not being adopted within a Hindu family, the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) governs adoption. This law covers adoption for all children, irrespective of their religion, and is typically used for children in orphanages or for children who have been abandoned.
The biological parents must consent to the adoption unless the child has been abandoned or orphaned.
The process involves registering with the Central Adoption Resource Authority (CARA), the government agency that manages adoption procedures in India. After registering, the adoptive parents are matched with a child who fits their criteria.
Relatives can adopt a child under the JJ Act as well, but the process might be slightly simpler for family adoptions compared to non-family adoptions.
If a relative adopts a child from abroad or the child is being adopted by a relative living abroad, the process becomes more complex. The adoption must be done in compliance with the Hague Convention on Inter-Country Adoption, which ensures that the adoption is ethical and the child’s best interests are prioritized.
For the adoption of a child by a relative, the biological parents must have relinquished their parental rights (either by consent or legally through abandonment). The adoptive relative cannot forcibly take the child; proper legal processes must be followed.
A stepparent (e.g., the new spouse of a child's biological parent) can adopt their stepchild, provided they meet the eligibility criteria, and the biological parents’ consent is obtained.
The process is often quicker for intra-family adoptions (i.e., adoption within the family), but it still requires legal procedures, including the consent of both biological and adoptive parents, and registration with the relevant authorities.
Once the adoption process is complete, the adoptive parents receive a final adoption decree. This decree legally recognizes them as the child’s parents and ensures that the child’s rights, including inheritance and maintenance, are protected under law. It also grants the child the right to inherit property from the adoptive parents and enjoy the same rights as biological children.
Consent is a critical component in the adoption process. For relatives seeking to adopt, it is essential to obtain the consent of the child’s biological parents. If the biological parents are deceased, or their whereabouts are unknown, the child may be declared an orphan by a court, and the adoption process may proceed with the consent of the legal guardian or government-appointed body.
Consider a situation where a maternal uncle (uncle by the mother’s side) in India wishes to adopt his niece (the daughter of his sister). In this case, under the Hindu Adoption and Maintenance Act (HAMA), the uncle must meet the eligibility criteria, and his sister (the biological mother) must provide her consent for the adoption. The uncle would also need to ensure that the adoption is legally documented through a deed of adoption. If the child’s biological parents are unable to provide consent or are missing, the adoption may proceed through a court process, with the consent of the legal guardian.
If there is a dispute over parental consent (for example, if one biological parent does not agree to the adoption), it may require court intervention to resolve the matter.
The adoption process has strict age limits for adoptive parents, and this can sometimes cause complications, particularly for older relatives wanting to adopt.
Even in intra-family adoptions, the legal formalities, such as registration and consent, must be followed to ensure the adoption is legally recognized.
Answer By Law4u Team
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